Nevada State College Student Code of Conduct and Policies

Student Code of Conduct

NEVADA STATE COLLEGE
STUDENT CODE OF CONDUCT

PHILOSOPHY

This Student Code of Conduct seeks to establish high standards of conduct for the student community at Nevada State College (College). The Student Code, and its associated processes for the resolution of student misconduct, is intended to teach students to live and act responsibly in a community. As students participate in the campus community and its sponsored activities, they are responsible for their own actions and are subject to local, state, and federal laws as well as all College and Nevada System of Higher Education (NSHE) policies, procedures, rules and regulations.

The College administration views the student conduct process as not only a disciplinary process but also a learning experience for the student involved, with the expectation that this experience may result in individual student growth, change in behavior, and increased understanding of the student’s responsibilities and privileges within the College community. The Student Code, therefore, functions as an aspect of the College’s educational process.

The goals of the student disciplinary system are (1) to promote a campus environment that supports the overall educational mission of the College; (2) to protect the College community from disruption and harm; (3) to encourage appropriate standards of individual and group behavior; and (4) to foster ethical standards and civic virtues.

ARTICLE I: DEFINITIONS

1. The term “college” means Nevada State College.

2. The term “student” includes all persons taking courses at Nevada State College, either full-time or part-time. Persons who are officially enrolled but are not taking any course(s) in a particular term are considered students. This includes individuals who have applied for admission to the institution or have been notified of their acceptance for admission. A person considered a student remains so until a conduct matter is resolved, even if s/he leaves the College prior to resolution of the matter.

3. The term “member of the college community” includes any person who is a student, faculty member, College official, or any other person employed by the College. The student conduct officer shall determine a person’s status in a particular situation.

4. The term “college premises” includes all land, buildings, facilities, and other property owned, leased, used, or controlled by the College (including adjacent streets and sidewalks).

5. The term “student organization” means any number of persons who have complied with the formal requirements for recognition/registration by the Nevada State Student Alliance (NSSA).

6. The term “complainant” means any person who submits a charge alleging that a student violated the Student Code.

7. The term “charged student” means any student accused of violating this Student Code.

8. The term “NSHE” means the Nevada System of Higher Education, a system of universities, colleges, research and public service units of the University of Nevada.

9. The term “Board of Regents” is the body legally charged with the control and management of the NSHE, primarily by setting policy.

ARTICLE II: AUTHORITY AND JURISDICTION

A. The Nevada State College Student Code of Conduct

This Nevada State College Student Code of Conduct is established pursuant to the President of the College’s authority under NSHE Code section 10.2.2 to establish and enforce rules and regulations governing student conduct. The President has delegated the responsibility for enforcing such rules and regulations to the student conduct officer. The student conduct officer is responsible for the coordination of all activities of the College student disciplinary system and reports to the President. The authority for determining procedures for hearings and sanctions for Code violations, however, ultimately rests with the President of the College or designee.

The College’s disciplinary authority extends to persons identified as students because of their status as enrolled in the institution on a part-time, full-time, or auditing basis. This scope of authority also extends to persons with a continued intent to pursue an education at the College.

Every student shall be responsible for her or his conduct from the time of application for admission through the actual awarding of a degree, even when conduct occurs before classes begin or after classes end, such as during periods between semesters. The Student Code shall apply to a student's conduct even if the student withdraws from school while a disciplinary case is pending. When a student leaves the College, any unresolved complaints of alleged student misconduct will be reviewed and addressed upon the student's return. If there were circumstances involving a student graduate of the College who is found to have been involved in action which directly affects the status of her or his degree and/or the College community, then the College would invoke its authority to resolve the incident through a review of, and possible action to modify, the student's status and record.

The authority of the College to address student conduct involves all students while they are: present on premises owned or leased by the College, in off-campus buildings used by students through their association with a student organization, in off-campus locations approved by the College for student employment placement; or at another site for an academic or extracurricular College-related experience. This authority extends to off-campus conduct that adversely affects the College community and/or the pursuit of its objectives, and where it adversely affects the health, safety, or security of any member of the College.

When an incident occurs off-campus that is not at a College or sponsored event, it will be the responsibility of the President to determine whether College authority will be asserted in that incident. The President will review each incident referred to the Office of the President on a case-by-case basis to allow the institution to consider the unique facts of each situation involving student behavior.

Students may also be subject to rules of other College organizations, academic programs, and facilities that impose additional standards of conduct. Those standards may be enforced without requirement to follow Student Code of Conduct procedures.

B. Conduct – Rules and Regulations

Any student found to have committed or to have attempted to commit any of the following misconduct is subject to the disciplinary sanctions outlined in Article III:

1. Violation of stated prohibitions, policies, procedures, rules, or regulations of Nevada State College or Nevada System of Higher Education.

2. Violation of any federal, state, or local law.

3. Acts of dishonesty, including but not limited to the following:

a. Cheating, plagiarism, or other forms of academic dishonesty.
b. Furnishing false information to any College official, faculty member, or office.
c. Forgery, alteration, or misuse of any College document, record, or instrument of identification.

4. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public service functions on or off-campus, or of other authorized non-College activities when the conduct occurs on College premises.

5. Conduct that endangers the health or safety of any member or guest of the College community, including conduct that endangers the student him/herself.

6. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any person.

7. Attempted or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property, on or off-campus.

8. False reporting of any emergency situation. Unauthorized tampering with, and/or accessing of, safety, security, or fire protection equipment or devices. Setting off a fire alarm for reasons other than actual fire or emergency. Involvement in setting or causing any unauthorized fire in or on College property.

9. Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim is not a valid defense. Apathy or acquiescence in the presence of hazing is not a neutral act; it is a violation of this rule.

10. Failure to comply with the valid directions of College officials acting pursuant to their official duties and/or failure to identify oneself to these persons when validly requested to do so.

11. Unauthorized possession, duplication or use of keys to any College premises or unauthorized entry to or use of College premises.

12. Use, possession, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law.

13. The Nevada State College is sympathetic to the medical needs of our students, employees and visitors. A growing number of states, including Nevada, are enacting laws decriminalizing or legalizing the use, possession, delivery, manufacture, growth, distribution, production, and/or cultivation (hereinafter “use”) of medical marijuana. Federal law prohibits the use of medical marijuana on college and university campuses that receive federal funding. Therefore, the use, possession, or cultivation of marijuana, including for medical purposes, on any Nevada State College or Nevada State College Foundation owned or leased property, or at any Nevada State College sponsored or authorized activity, is expressly prohibited.

14. Use, possession, manufacturing, or distribution of alcoholic beverages (except as expressly permitted by College regulations), or public intoxication. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under twenty-one (21) years of age.

15. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College premises or use of any such item, even if legally possessed, in a manner that harms, threatens, or causes fear to others.

17. Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College sponsored or supervised functions.

18. Theft or other abuse of computer facilities and resources, including but not limited to:

a. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
b. Unauthorized transfer of a file.
c. Use of another individual’s identification and/or password.
d. Use of computing facilities and resources to interfere with the work of another student, faculty member or College official.
e. Use of computing facilities and resources to send obscene or abusive messages.
f. Use of computing facilities and resources to interfere with normal operation of the College computing system.
g. Use of computing facilities and resources in violation of copyright laws.
h. Any violation of College or NSHE computer use policy.

19. Any act of unlawful discrimination based on race, creed, color, sex, age, sexual orientation, disability or national origin, gender identity, or genetic information, or any act of employment or educational retaliation against any person who has made a complaint about such discrimination.

20. Any act of sexual harassment when submission to a request or demand of a sexual nature is either an explicit or implicit term or condition of employment or of academic study or grading, or where verbal or physical conduct of a sexual nature has the effect of creating an intimidating, offensive or hostile work or educational environment. Sexual harassment includes sexual violence.

21. Sexual assault, which is the use of, or threat to use, force or violence of a sexual nature against any member or guest of the College community on College owned or College controlled property or at any College sponsored program or activity.

22. Abuse of the student conduct system, including but not limited to:

a. Falsification, distortion, or misrepresentation of information during the course of the conduct resolution process.
b. Contempt of student disciplinary proceedings, including impairing or interrupting any proceeding.
c. Institution of a student conduct code proceeding in bad faith.
d. Attempting to discourage an individual’s proper participating in, or use of, the student conduct system.
e. Failure to comply with the sanction(s) imposed under the Student Code.

In addition to regulations for student conduct for Nevada State College, all students and student organizations are responsible for following the Rules of Conduct and Procedures for Students of the Nevada System of Higher Education. The prohibited conduct is found in the Nevada System of Higher Education Code, Section 10.2.1 located at www.system.nevada.edu.

D. Violation of Federal, State, or Local Law and College Discipline

1. When a student is charged by federal, state, or local authorities with a violation of the law, the College will not request or agree to special consideration for that individual because of her or his status as a student. Action by the College may go forward regardless of other possible or pending administrative, civil or criminal proceedings arising out of the same or other incidents. The person filing the complaint may choose to file charges against the student in both arenas: internally, through the College student conduct system, or externally, through the criminal justice or civil system.

2. The College may advise off-campus authorities of the existence of the Student Code and of the process for resolution of a potential violation of the Student Code. The College will cooperate with law enforcement and other agencies in the enforcement of criminal law on campus. Individual students remain free to interact with governmental representatives as they deem appropriate. Decisions on the College student conduct case resolution, including sanctions imposed, shall not be subject to change because criminal charges arising out of the same facts prompting the violation of College rules were dismissed, reduced or resolved in favor or against the student defendant in court.

ARTICLE III: STUDENT CONDUCT CODE PROCEDURES

A. Resolution of Student Conduct Charges

1. Appointment of Student Conduct Officer

a. The President may appoint a student conduct officer and alternate student conduct officer(s) to serve if the student conduct officer is unable to perform the duties of this section for any reason.

2. Charges of Student Misconduct

a. Any member of the College community may file charges against a student for violations of the Student Code. A charge shall be prepared in writing and filed with the student conduct officer. Any charge should be submitted as soon as possible after the event takes place. If a charge is determined by the student conduct officer and/or the President as violating federal, state, or local law, the matter will be referred to the appropriate law enforcement agency for their investigation.

3. Investigations

a. The student conduct officer may conduct an investigation to determine if the charge has merit. At any time, the Student conduct officer, with the approval of the President, may determine that the best course of action to take is to informally resolve the charge through mediation, conflict resolution, or an educational conference. Upon completion of the investigation, the student conduct officer will deliver a letter to the student. The letter shall state the factual allegations, the charges, the student conduct officer's proposed informal resolution process, if not completed earlier, and a copy of the Student Code.

4. Informal Resolution of the Charges

a. The charged student shall participate in and work with the student conduct officer for an informal resolution of the charge. At the conclusion of the successful informal resolution process, a written determination shall be signed by the student conduct officer and charged student, which may include any of the disciplinary sanctions described in the Student Code. At any time prior to signing a written determination, the charged student can request a formal hearing as the means to resolve the complaint.

5. Failure to Reach Resolution

a. If the student conduct officer and charged student do not reach an informal resolution or if the charged student requests a hearing, then the student conduct officer shall notify the charged student in writing that the matter will be addressed through a hearing before a student conduct board or a hearing officer. A time for hearing, not more than twenty-five calendar days from the date of the decision to proceed with formal resolution of the complaint, shall be set. Maximum time limits for scheduling of hearings may be extended at the discretion of the student conduct officer. Notice of the hearing may be given by electronic mail or by first class mail with the U.S. Postal Service with delivery confirmation to the last known address of the student or by personal delivery. It is the student’s responsibility to maintain an operational preferred email address and mailing address.

6. Appointment of Hearing Boards or Hearing Officer

a. The President or designee may appoint an individual hearing officer or establish a conduct hearing board.

7. Formal Resolution of the Charges

a. Appointment of Hearing Boards or Hearing Officer

i. The President or designee may establish a student conduct hearing board or appoint an individual hearing officer. A student conduct hearing board will have a chair and shall include at least one student and at least one faculty member.

b. Hearing Procedures

i. In hearings involving more than one charged student, the student conduct officer, in her or his discretion, may permit the hearing concerning each charged student to be conducted either separately or jointly.

ii. The charged student has the right to be assisted by an advisor. The advisor serves as a supporter and advisor during the conduct hearing. The charged student and the student conduct officer are responsible for presenting her or his own information, introducing witnesses, and answering questions throughout the hearing. When a student selects an advisor, in this process the advisor has no right to speak during the hearing except to the charged student. The advisor may be an attorney. The charged student must give written notice of the name and address of the advisor, and whether the advisor is an attorney, to the student conduct officer at least five college working days before the time set for the hearing. An advisor will not be permitted at the hearing without such notice. The student conduct officer has sole discretion to delay a hearing to accommodate scheduling conflicts of an advisor.

iii. The charged student and student conduct officer shall exchange list of all witnesses and provide copies of all documents which each side proposes to introduce into evidence at least five college working days prior to the hearing.

iv. The charged student(s) and advisors, if any, along with the student conduct officer shall be allowed to attend the entire portion of the hearing, at which information is received, excluding the time of deliberations. Admission of any other person to the hearing shall be at the discretion of the hearing officer.

v. Witnesses will be examined by the student conduct officer and the charged student. The hearing officer or student conduct board members may ask questions of the witnesses. The burden of proof rests with the student conduct officer.

vi. A student conduct board, hearing officer or student conduct officer, may accommodate concerns for personal safety, well-being, and or fears of confrontation, by the complainant, the charged student, and witnesses, during the hearing or during the informal resolution process by providing the opportunity for the hearing officer or student conduct officer to receive the pertinent information and conduct conversations for the resolution of the case using methods other than requiring both parties to be present in the same room at the same time. Such options may include use of a visual screen, participation by videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, as determined by the hearing officer, in the case of formal hearings and the student conduct officer in the case of informal resolution process.

vii. Either party may present pertinent written statements, records, or other information to the hearing officer. The student conduct officer bears the burden of proof. The standard is preponderance of the evidence. The formal rules of evidence in court shall not apply; however, irrelevant or unduly repetitious evidence shall be excluded.

viii. To the extent consistent with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. section 1232g, the hearing, except for deliberations, shall be taped or digitally recorded. Upon request by the student, a written transcript will be provided at the student's expense. Personally identifiable information pertaining to other students will be redacted. The record shall be the property of the College, and will be maintained with the student's conduct records by the student conduct officer.

ix. Hearings shall be conducted in private, unless the charged student requests an open hearing.

x. If a charged student, with notice, does not appear at a hearing, the information in support of the complaint shall be presented, considered, and acted upon even if the charged student is not present. Failure of the student to appear is not evidence that the student was responsible for the charge of misconduct.

xi. The hearing will proceed according to the College’s schedule and will not be delayed by another proceeding off campus.

xii. The hearing officer presides over the hearing, including swearing in witnesses, maintaining order, and deciding matters of admission of evidence.

xiii. The student conduct board or the hearing officer deliberates in closed session after the hearing has concluded, and shall determine whether the charged student has violated the section(s) of the Student Code alleged.

xiv. The hearing officer's or the student conduct board’s determination shall be made on the basis of whether it is more likely than not that the charged student violated the rules of conduct alleged.

xv. If the charged student is found not to have violated the Student Code, then the hearing is concluded. If the charged student is found to have violated the Student Code, then the student conduct board or hearing officer will discuss possible sanctions for the student after being informed of the student's disciplinary record with the institution.

xvi. The hearing officer or student conduct board will provide the decisions on the violation and, if appropriate, for sanctions to the student conduct officer and to the student. This written decision will be served within seven calendar days of the conclusion of the hearing. The written decision may be served by electronic mail or by first class mail with the U.S. Postal Service with delivery confirmation to the last known address of the student or by personal delivery. Service is complete upon sending of the email or depositing with the U.S. Postal Service.

8. Additional Procedures Available when Sexual Harassment or Sexual Assault is Alleged

a. An alleged victim of sexual harassment or sexual assault shall have the opportunity to select an independent advisor for assistance, support and advice. The complainant shall be advised by the student conduct officer at the beginning of the complaint process that he or she may select an independent advisor and it shall become the choice of the alleged victim to utilize or not utilize the independent advisor. The independent advisor may be brought into the process at any time at the request of the alleged victim.
b. The complainant may choose to not permit the matter to be resolved by the informal resolution process or may terminate the informal resolution process at any time prior to a written determination being signed. If sexual assault is alleged, the informal resolution process may not be used.
c. The complainant must agree to the charge being heard by a hearing officer or hearing board.
d. The complainant must be given the opportunity to participate in any pre-hearing procedures.
e. In a hearing involving more than one charged student, the hearing officer or hearing board may require a charged student to be absent from any testimony that is not relevant to that charged student.
f. The complainant must receive a list of all witnesses at the same time it is received by the student conduct officer and charged student.
g. The complainant must be permitted an advisor during the hearing who shall have the same duties as the advisor for the charged student.
h. The student conduct officer shall work closely with the complainant in developing a list of witnesses and other evidence to be offered at the hearing
i. The complainant shall be served a copy of the decision of the hearing officer or hearing board, if the discipline directly relates to the complainant.
j. If the complainant is aggrieved by the decision of the hearing officer or hearing board, the complainant may request the student conduct officer to appeal the decision to the President in the same manner as the accused student.
k. In a complaint alleging sexual violence or non-forcible sex offense, the complete decision of the hearing officer and the decision on appeal shall be given to the complainant and may be released to anyone upon request.

B. Appeals

1. A charged student who is aggrieved by the decision of a hearing officer or student conduct board may appeal it to the President or designee. The appeal shall be in writing and delivered to the student conduct officer within fourteen calendar days of the student’s receipt of the decision. The student’s appeal must include all written arguments in support of the appeal.

2. Grounds for an appeal are:

a. Deviations from procedures set forth which result in significant prejudice.
b. The evidence presented at the hearing was not substantial enough to justify the decision.
c. The student/organization charged was not afforded an adequate opportunity to prepare and present a defense.
d. The sanction imposed was not appropriate for the violation established.
e. New information, sufficient to alter a decision, and which could not have been discovered with due diligence before the hearing.

3. The student conduct officer shall review the appeal and direct it, along with the recording of the hearing, any written evidence and arguments, and the decision to the President or designee within fourteen calendar days of receiving the appeal. With the record, the student conduct officer shall file written arguments in opposition to the appeal.

4. The President or designee shall review the recording of the hearing and the complaint, and the decision, along with any information and evidence that was part of the decision-making of the conduct case, and may uphold or modify the decision, may refer the case back to the original hearing officer, or may order a new hearing before a new hearing officer.

5. The decision of the President or designee shall be in writing and served upon the student and student conduct officer within thirty calendar days of the receipt of the appeal. The President or designee may extend the time limit of this section by written notice to the parties.

6. Any sanction against the student shall not take effect until any appeal is concluded.

7. The student conduct officer may suspend any time limits contained in this chapter during winter or summer breaks.

C. Sanctions

Disciplinary sanctions are those actions imposed through informal resolution by the student conduct officer or through a formal hearing. The student conduct officer shall be responsible for monitoring the student’s compliance with the sanctions imposed. Disciplinary sanctions, including institutional expulsion or withholding of a degree, shall become part of the student’s permanent academic record.

1. The following sanctions may be imposed upon any student found to have violated the Student Code:

a. Warning. A notice in writing to the student that the student is violating or has violated the Student Code.
b. Restitution. Compensation for loss, damage, theft or misappropriation of property, or injuries sustained in an incident of student misconduct. This may take the form of appropriate service and/or monetary or material replacement.
c. Probation. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any College policies, rules, procedures or regulations during the probationary period.
d. Loss of Privileges. Denial of specified privileges for a designated period of time, including, but limited to, eligibility for student employment; participation in student clubs and organizations, participation as a student ambassador; etc.
e. Discretionary and Educational Sanctions. Participation in specific educational programs, such as: alcohol and/or other drug educational intervention programs, assessments, educational activities (e.g. on-line instructional workshops), work assignments, service to the College or the surrounding community, or other related discretionary assignments.
f. College Suspension. Exclusion for a definite period of time from attending classes and from participating in other activities of the System, as set forth in a written notice to the student. The official transcript of the student shall be marked "DISCIPLINARY SUSPENSION EFFECTIVE ____TO ___." The parents or legal guardians of minor students shall be notified of the action.
i. A student who is enrolled in his or her last semester before graduation or is not currently enrolled in the System and who was not registered during the previous semester or who graduated at the end of the previous semester may request that the notation of the disciplinary suspension be removed from the official transcript when two years have elapsed since the expiration of the student's suspension. Such request must be submitted in writing to the president or designee in accordance with Nevada System of Higher Education code, Section 10.4.9(j). If the request is not granted, the student at yearly intervals thereafter may submit a request for removal of the notation.
g. Deferred College Suspension. Deferred suspension of the student from the College until the close of the current semester or some other time frame for review of student progress in addressing the conduct concern. If further conduct violations occur during the period of suspension, a recommended suspension takes effect immediately.
h. Medical Leave of Absence. A withdrawal from the College for medical, psychological, or other treatment needs, in which the student agrees to provide documentation of successful resolution of the medical concern and/or treatment program prior to re-enrolling in the College.
i. College Expulsion. Termination of student registration and status for an indefinite period of time. Permission of the President shall be required for readmission. The official transcript of the student shall be marked "DISCIPLINARY EXPULSION EFFECTIVE ____." The parents or legal guardians of minor students shall be notified of the action.
i. A student who is enrolled in his or her last semester before graduation or is not currently enrolled in the System and who was not registered during the previous semester or who graduated at the end of the previous semester may request that the notation of the disciplinary expulsion be removed from the official transcript when four years have elapsed since the expiration of the student's expulsion or termination. Such request must be submitted in writing to the President or designee in accordance with Nevada System of Higher Education code, Section 10.4.9(l). If the request is not granted, the student at yearly intervals thereafter may submit a request for removal of the notation.
j. Revocation of Admissions and/or Degree. Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violations of College standards in obtaining the degree, or for other serious academic violations committed by a student prior to graduation.

2. More than one of the sanctions listed above may be imposed for any single violation.

3. Other than College expulsion, revocation, or withholding of a degree, disciplinary sanctions shall not be made part of the student's permanent academic record, but shall become part of the student's disciplinary record maintained by the appointed student conduct officer. Upon graduation, the student's disciplinary record may be expunged of disciplinary actions other than suspension, expulsion, revocation or withholding of a degree, upon application to the student conduct officer and approval by the President.

4. NOTE: Students found responsible for an academic dishonesty violation may be subject to additional academic sanctions as stated within the Academic Integrity Policy; and student organizations may be subject to sanctions as stated in the section on Student Organizations that follows.

D. Emergency Removal

The President or designee may order the immediate removal of a student from the campus so as to:

1. Ensure the safety and well-being of members of the College community;
2. Protect College property;
3. Ensure the student's own physical or emotional safety and well-being;
4. Prevent an ongoing threat of disruption of, or interference with, the normal operations of the College; or
5. Protect any student from sexual harassment or retaliation for the report of sexual harassment.

This removal shall be accompanied by denial to the student of access to the campus, including classes and/or to all other College activities or privileges for which the student might otherwise be eligible, as the President deems to be appropriate. During the time of the removal from campus, the student may not come onto College property for any reason other than meeting with appropriate College official(s), when asked to do so, regarding resolution of the emergency removal and the student conduct resolution.

Any student so removed shall be afforded an opportunity to a hearing no later than fourteen calendar days following the removal. Such hearing shall be limited to whether the emergency removal should continue pending the outcome of a disciplinary hearing. A hearing officer shall hold the hearing under the hearing procedures of the Student Code. The President’s or designee’s decision upon the hearing officer's recommendation shall be final.

The emergency removal does not replace the regular disciplinary process, which shall proceed on the normal schedule, up to and through a student conduct hearing, if required.

In circumstances where the student is removed for his or her own emotional and personal safety, a resolution on the decision regarding the student's removal from campus will be addressed within an informal meeting with the student conduct officer, with the goal of the meeting being a plan for most effectively meeting the student's personal and scholarly needs as a continuing student.

E. Student Organizations

Student organizations are expected at all times to conduct themselves in accordance with the Student Code. A student organization believed to be involved in any of the activities identified in these regulations or policies as misconduct may be reported to the student conduct officer for an investigation of the activity in question.

1. Procedure for Student Organizations. The procedure for addressing a charge filed through the student conduct officer against a student organization is as follows:

a. A written complaint is made with the student conduct officer.
b. The student conduct officer investigates the complaint.
c. The student conduct officer will determine whether the evidence supports the allegation of misconduct, and if so, may proceed with informal resolution, including the imposition of any of the sanctions listed below.
d. The student organization may accept the decision or may request a hearing.
e. A hearing officer will meet with the appropriate parties to make findings of fact and determine appropriate sanctions.

2. Sanctions for student organizations include all those stated under "Sanctions," in addition to:

a. Probation from participating in student organization(s) for up to one academic year.
b. Prohibition from recruiting and/or accepting new members.
c. Prohibition from participating in College events and co-curricular activities.
d. Restitution. The requirement to reimburse the legal owners for a loss due to defacement, damage, fraud, theft or misappropriation of property. The failure to make restitution shall be the cause for more severe disciplinary action.
e. Denial or use of college facilities.
f. Loss of recognition.

F. Interpretation and Revision

Any question of interpretation or application of the Student Code shall be referred to the College’s General Counsel.

The Student Code shall be reviewed periodically under the direction of the Office of the President.

This Student Code of Conduct follows the format, design, and wording of much of the "Model Student Conduct Code", as devised, published and provided to college and university student conduct officers in the United States by Edward N. Stoner II and John Wesley Lowery. This model code is officially titled: "Navigating Past the 'Spirit of Insubordination', The version of this Model Student Conduct Code" utilized for the Nevada State College Student Code of Conduct appears in the Journal of College and University Law, Volume 31, No 1: 2004, as published by the National Association of College and University Attorneys and the Notre Dame Law School. This document is available for review in the Office of the President, Nevada State College, at (702) 992-2059.

Academic Standards

Academic Integrity

Academic integrity is a fundamental value at Nevada State College and is centered on honesty, trust, fairness, respect, and responsibility. Supporting and affirming these values is essential to promoting and maintaining a high level of academic integrity.

If knowledge is to be gained and properly evaluated, it must be pursued under conditions free from dishonesty. Deceit and misrepresentations are incompatible with the values of Nevada State College and shall not be tolerated under any circumstances. A violation of academic integrity is an act that is harmful to students, faculty, and ultimately, the institution.

Academic Dishonesty

Academic dishonesty is against college as well as system community standards. Academic dishonesty includes, but is not limited to:

Plagiarism: Failure to properly acknowledge authorities quoted, cited or consulted in the preparation of written work. Examples of plagiarism includes, but are not limited to:

Directly quoting, summarizing or paraphrasing the work of others without specific indication of sources, or handing in work that is not the student’s own.

Copying and/or presenting the words of others as one’s own writing, including from Internet sources.

Copying words, even if you cite the sources, unless appropriate quotation is noted.

Expressing in your own words someone else’s ideas as your own.

Cheating: The deception about one’s own work or about the work of another. Examples of cheating include, but are not limited to:

Submitting another’s work as one’s own or allowing another to submit one’s work as though it were his or her own.

Several people completing an assignment that was not explicitly assigned as a group project and turning in multiple copies, all represented either implicitly or explicitly as individual work.

The use of textbook or notes during an examination without the explicit permission of the instructor. This includes WebCT and take-home exams.

Giving or receiving unauthorized help on assignment.

Stealing a problem solution from an instructor.

Tampering with experimental data to obtain ‘desired’ results or creating results for experiments not completed.

Tampering with or destroying the work of others.

Submitting substantial portions of the same academic work more than once without permission of the instructor.

A faculty member who suspects a student of academic dishonesty shall notify the student and offer the student an opportunity for an initial meeting to discuss the allegation and to present any relevant information. When possible, this initial meeting shall occur within seven calendar days of discovery of the alleged violation. Proceedings in case discussions are informal and non-adversarial. The faculty member may make a verbal agreement on, or provide the student with a written or electronic notice, of, a scheduled meeting. The faculty member may request a witness to be present for this meeting. The purpose of this initial meeting is to review and discuss the charges before a decision is reached. The faculty member may use documentary evidence provided the student is allowed to respond to it at the meeting. At this initial meeting the following results may occur:

The allegations are dismissed;

The student accepts responsibility for the violation and accepts the academic sanction(s) proposed by the faculty member;

The student accepts responsibility for the violation but does not accept the sanction and requests a hearing;

The student does not accept responsibility for the violation and requests a hearing.

If the allegations are dropped or the student accepts responsibility for the violation and accepts the sanction(s), the case is closed..

Appeal Process

If the student appeals the action and requests a hearing, the following process will be followed: The student must appeal, in writing, to the Academic Dean, within 10 calendar days after the decision of the faculty member.

Within five calendar days the Academic Dean will notify the faculty member of the appeal.

The hearing will be scheduled no less than 10 calendar days from the date of the appeal. (The student may waive this period and have the hearing sooner).

Hearing Board

The Hearing Board shall consist of the following members with due consideration being given to possible conflicts of interest:

Two undergraduate students.

Three faculty members. To ensure the impartiality of the Hearing Board, members must be appointed from programs other than those in which the case originated and in which the accused student is majoring.

Hearing Procedure

The hearing will be held within 21 calendar days after the case has been referred.

The Dean will call the accused student to appear before the hearing board. If the student wishes to be accompanied by an advisor or an attorney, the board must be notified at least 48 hours in advance. The faculty member shall also be present, and may be accompanied by an advisor or by an attorney whenever the student chooses such counsel.

The Dean will state the content of the report of alleged academic dishonesty and the specific charges made.

The faculty member will appear before the board to present evidence against the student. The chair of the board may call other witnesses. The accused student and board members may cross-examine.

The student may present evidence on his or her own behalf.

The board members will then meet in closed session to make a final decision.

If the student is found to be guilty, the hearing board shall consult about any past record of academic misconduct.

The hearing board then shall recommend appropriate disciplinary sanctions to the Dean and apprise the faculty member of its deliberations. If the student has been found guilty, the faculty member may impose an academic sanction in addition to the disciplinary sanction (see below).

Academic Sanctions

The following academic sanctions may be imposed if a student has admitted responsibility for the violation or if the hearing board has found the student guilty:

Cancel the student’s enrollment in the class without a grade;

Give a grade of “0” or “F” for any assignment;

Give a grade of “F” in the course;

Disciplinary Sanctions

In addition to the academic sanction imposed by the faculty member, disciplinary sanctions may be imposed in accordance with the Student Code of Conduct.

Grade Appeal Policy and Procedure

Grade Appeal Process

The procedures below are applicable only to examine a student’s claim of an unfair academic evaluation made by the instructor. The academic evaluation, resulting in grade assignment, will be subject to appeal if the instructor’s evaluation is based on any factors other than the student’s performance in the course and/or adherence to course requirements.

Department Level Grade Appeal

1. In the event a student has a dispute with the grade received in a course, s/he shall discuss the accuracy of the grade with the instructor. If the student and instructor do not agree that the grading criteria were applied appropriately to the final grade, the student can proceed to file a Departmental Grade Appeal Form, located in the Office of the Registrar.

Students should include copies of any documentation, which may include, but is not limited to, personal grade records, copies of graded work, and email communication with the instructor. Not all of these items will apply depending on the basis of the appeal. Additionally, students may not be in possession of these documents if they are part of the instructor’s class records. If that is the case, the student will request this documentation from the Assistant Dean, Department Chair, or designee. The student has the responsibility to supply evidence for consideration in the appeal.

2. The grade appeal must be filed with the department offering the course no later than 10 working days after the beginning of the following regular semester. A student who fails to file within the specified time period forfeits his/her right to appeal. The Assistant Dean, Department Chair or designee shall attempt to resolve the conflict.

3. Upon receiving the Departmental Grade Appeal Form, the Assistant Dean, Department Chair or designee will evaluate the request. If the rationale for the request DOES NOT meet the criteria established in the policy statement above, the Dean, Department Chair or designee will have five working days to inform the student in writing that the request does not meet the criteria necessary for requesting a formal grade appeal.

4. If the rationale for the request DOES meet the criteria established in the policy statement above, the Dean, Department Chair or designee will request a written response to the grade appeal from the instructor within five working days of receiving the Departmental Grade Appeal Form. The instructor will have 10 working days to submit a response to the appeal to the Dean, Department Chair or designee. In circumstances where the faculty member is no longer employed by the College, every possible effort will be made to reach him/her. If the faculty member cannot be reached, the Dean, Department Chair or designee will collect and review all available documentation relevant to the appeal.

5. Once the materials have been received from both parties, the Dean, Department Chair, or designee will form a review committee with two faculty members from the same school and one faculty member from outside of the school. This committee will review the materials and make a recommendation. No later than 25 working days after receiving the Departmental Grade Appeal Form, the Dean, Department Chair, or designee will inform the instructor and student in writing of the recommended final grade.

College Level Grade Appeal

A College Grade Appeal Committee will be created by the Provost to review grade appeals that either the student or instructor contest. Should the recommendation by the department/school be contested by the instructor and/or student, the Departmental Grade Appeal Form and all related materials will be forwarded by the department /school designee to the Provost within five working days

The College Grade Appeal Committee will meet no later than 25 working days after the Departmental Grade Appeal Form documentation has been forwarded to the Provost. Within five working days of the first meeting, the Committee shall make the final decision. The Committee Chair will notify the dean, department chair, student, instructor, and, in the case that the original grade is changed, the Office of the Registrar. The decision of the College Grade Appeal Committee is not subject to appeal.

1. Make up of Committee Membership - Membership of the College Grade Appeal Committee will include five individuals based on the following: one faculty member from each of the three schools who shall be appointed to a two-year term by each respective dean; one student representative who shall be appointed to a one-year term by the Nevada State Student Association (NSSA); and one faculty or staff member who shall be appointed by the provost and who will serve as committee chairperson. Membership will be reviewed at the beginning of fall semester.

2. Vacancies on the Committee - Should a faculty vacancy occur, the appropriate dean shall appoint a member to the committee for the remainder of the two-year term. Should a student vacancy occur, the NSSA president shall appoint a member to the committee for the remainder of the one-year term.

Disqualifications; Challenges - Any panel member shall disqualify himself or herself if he or she has a conflict of interest with the case or with the student or believes he/she may have a personal bias. The student or instructor may challenge a panel member on the grounds of conflict of interest or personal bias. The burden of proof is on the challenger. The decision regarding disqualifying a challenged member shall be made by a majority vote of the remaining members present. If a challenge is upheld, the Committee chairperson will appoint another person to fill the vacancy.

Should a member of the College Grade Appeal Committee be the instructor of record of the course under appeal or have served on the review committee when the case was heard at the departmental level, the committee chairperson in consultation with the deal will name an alternate to hear the appeal. The alternate shall be a faculty member within the department or in a related discipline.

3. Quorum - A representative from the Office of the Provost shall assume responsibility for assembling a Hearing Panel consisting of members from the College Grade Appeal Committee. A quorum for each committee hearing shall consist of no less than three committee members, including the Committee chairperson. In the event a quorum is not present, the hearing will be rescheduled.

4. Moderator of Hearing - The hearing shall be moderated by the Committee chairperson. A representative from the Office of the Provost will be present at all hearings as a non-voting procedural consultant to the Hearing Panel and will make a record of the proceedings.

5. Notice of Hearing - The instructor shall be strongly encouraged to appear in person to present his/her case to the College Grade Appeal Committee. However, the instructor may elect not to appear before the Hearing Panel, except for cases in which the department/school recommendation was contested by the instructor. In these cases, the instructor is required to appear before the committee in person. Otherwise, should the instructor elect not to appear, the hearing shall be held in his/her absence. The failure of an instructor to appear must be noted without prejudice; however, the Panel will act upon the evidence presented to it whether or not the faculty member is present. The student must appear in person to present his/her case.

6. Presentation of Case - The burden of proof and the presentation of the case is the responsibility of the person contesting the recommendation of the department/school. Each person shall be provided an opportunity to respond to the other person’s claim and to present evidence in support of his or her position. Each presentation is not to exceed 10 minutes in length.

It will be left to the discretion of the Hearing Panel whether or not to permit the introduction of any particular written statement. If written evidence is to be presented against the instructor or student, the instructor or student shall be allowed to see the actual signed statements at least 72 hours before the hearing. Unsigned statements shall not be admissible as evidence.

The instructor and student shall have an opportunity to be present during the presentation of all evidence and to challenge the admissibility of any evidence. The Committee chairperson shall supervise any questioning of this nature, and, at the chairperson’s discretion, may strike any questions which are not relevant to the purpose of the hearing. The Panel may question the instructor and the student and may hold its deliberations in executive session after hearing the case.

7. Access to Information - The Hearing Panel will have access to pertinent information in the case and may request additional information from either party as needed to render a decision.

8. Conduct of Hearing - The hearing shall be conducted in an informal manner and without reference to rules applicable to a court of law concerning the admissibility of evidence, but with a view toward providing the Panel with a complete understanding of the facts involved. Irrelevant, immaterial, and unduly repetitious evidence may be excluded. The hearing and deliberations of the committee shall be private.

9. Consulting Representative - The student and the faculty member shall each have the right to have one person of his or her choice present in the hearing. That person must be a student, faculty or staff person of the College or (in the case of the student) his or her advocate. The consulting representative may not participate directly in the hearing and is only present to consult with or support the student or faculty member involved.

10. Continuances - The Panel, by majority vote, may continue the hearing to a later time or times.

11. Confidentiality of Appeal Hearing - Panel members shall not retain in their possession any personal files, materials received during the appeal procedure, or notes taken during the meetings of the College Grade Appeal Committee.

12. Summer Break - The College Grade Appeal Committee will not convene during Summer Sessions nor other times when regular classes are not in session.

13. Final Decision - The final decision of the Hearing Panel shall be made by a majority of the Panel present and voting.

14. Additional Rules - Procedural rules not inconsistent with these procedures may be established by the Panel from time to time to ensure that the hearing is conducted in a fair and orderly manner.

15. Retention of Records - Documents will become a part of the student’s records maintained by the Office of the Registrar and will be retained according to the schedule as outlined in the NSC Catalog.

Selected Nevada State College Policies

Introduction

In addition to prohibited activities outlined in Section I, Subsection A and B, students and student organizations have a responsibility to know and abide by the following college policies. The following policies for students members of the community may also be the same, or similar to, policies affecting all members of the college. These have been included within this student judicial code to allow all students to familiarize themselves with these standards of behavior as well as the rights to which every student is a party.

Drug-Free Schools and Communities Act

Nevada State College has joined other colleges and universities across the nation in encouraging the elimination of alcohol and other drug abuse on our campus and in our community. The substance abuse policy adopted by the college supports the belief that the unlawful possession or use of drugs, including alcohol, and the abuse of alcohol and any drug by students constitutes a grave threat to their physical and mental well-being, and significantly impedes the processes of learning and personal development. While the majority of adults who drink alcohol do so in an acceptable and responsible manner, there is a substantial number who misuse and abuse alcohol, with resulting problems in health, academic, and vocational performance, social and personal relationships, and financial and legal areas.

Alcoholic Beverages:Nevada State College has an alcoholic beverage policy for students that establishes the standards of behavior and the circumstances under which alcoholic beverages are allowed to be possessed, consumed or distributed by students. Included within this policy are specific regulations for students hosting college sponsored events where alcoholic beverages may be served and/or sold.

In compliance with state law, no student may possess or consume alcohol if under 21 years of age; neither may a student offer alcoholic beverages to a minor (under 21 years).

The President has the authority to designate the time and place for special events where alcoholic beverages shall be served on the college campus (for student groups as well as the entire college community and guests). Students who are of legal age may consume alcohol at these events.

Except as provided above, the storage, possession, or use of alcoholic beverages shall not be permitted on college-owned or college supervised property. In addition, any student who exhibits offensive behavior on college-owned or college supervised property, or while attending a college-sponsored event while under the influence of alcoholic beverages, shall be subject to college disciplinary action.

Other Substances:The use or possession of illegal and/or unauthorized drugs and drug paraphernalia is strictly prohibited.

A student involved in violations of college standards of conduct will be required (unless expelled from the college) to participate in an education and assessment process as a condition of continued association with the institution. The following sanctions are presented as guidelines, indicating the range and progression of sanctions--from educational programs through expulsion. These sanctions are applied on a case by case basis, depending on the specific nature of the alcohol and drug violation. Each student's case is evaluated in terms of that student's level of risk posed (health or danger to self and others) by his or her substance abuse.

For violations involving alcohol, sanctions might include:

three-hour education seminar.

counseling and assessment

campus disciplinary probation

extended probation with counseling

suspension

expulsion

For violations involving the possession or use of drugs, sanctions might include:

disciplinary probation and referral to assessment/treatment

suspension

expulsion

For violations involving the sale of drugs, sanctions might include:

suspension

expulsion

Legal Standards

In addition to college student conduct standards, a student will be subjected to all local, state, and federal laws related to substance abuse or the possession/use of alcohol. The following state laws are presented which apply to any student conduct on or in the vicinity of the campus. In these instances, the student is being regarded as a resident of the state of Nevada:

NRS 202.020 - Purchase, consumption or possession of alcoholic beverage by a minor. Any person under 21 years of age who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor.

NRS 202.040 - False representation by a minor to obtain intoxicating liquor. Every minor who shall falsely represent himself to be 21 years of age in order to obtain any intoxicating liquor shall be guilty of a misdemeanor.

NRS 202.055 - Sale or furnishing of alcoholic beverage to a minor; aiding a minor to purchase or procure alcoholic beverage. Every person who knowingly sells, gives, or otherwise furnishes an alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor.

NRS 205.460 - Preparation, transfer, or use of false identification regarding persons under 21 years of age; (1) Every person who counterfeits, forges, alters, erases, or obliterates, or... (3) Every person under the age of 21 years who uses or attempts to use or proffers any counterfeited, forged, erased or obliterated card, writing paper, document, or any photocopy print, Photostat, or other replica thereof for the purpose and with the intention of purchasing alcoholic liquor or being served alcoholic liquor entering gambling establishments shall be guilty of a misdemeanor.

Legal Sanctions

Legal action provides for sanctions ranging from the imposition of fines to incarceration. These sanctions are imposed after due process is pursued. Legal sanctions are governed by the Nevada Revised Statutes (NRS). Such sanctions result from the referral of an alcohol or other drug violation which comes to the attention of the college Police Department and is referred to the District Attorney's Office. Legal action may take place concurrently with campus disciplinary action.

Tobacco Policy

In accordance with state law, Nevada State College maintains a smoke-free educational and work environment and is committed to helping students make healthy, informed lifestyle choices. State law also dictates that smoking is not allowed within 100 feet of buildings. According to the American Cancer Society, college is a time when many long-term lifestyle and behavior choices are being made and solidified. The administration of Nevada State College does not permit tobacco advertising in campus publications and bans tobacco sponsored events on campus or at any college sanctioned event. The Counseling Office is a rich information resource for students who request information about smoking cessation. Students seeking assistance with smoking cessation are referred to appropriate community resources for assistance.

Hazing

Hazing has no place within a community of scholars. The Board of Regents of the Nevada System of Higher Education and Nevada State College affirm their opposition to any form of hazing.

Nevada State College advocates civility in society and an adherence to the fundamental principles of honesty, integrity, respect, fairness, development of the individual character, and sensitivity to the dignity of all persons. These principles should be fostered and nurtured in a broad spectrum of activities that yield society, intellectual and physical benefits. Therefore hazing of any nature is unacceptable.

Hazing is defined as any method of initiation into or prerequisite to becoming a member of the Nevada State College community, or any group associated therewith, engaged in by an individual that intentionally or recklessly endangers another individual or group. Any activity upon which the initiation into or affiliation with an organization or group is directly or indirectly conditioned shall be presumed to be forced activity, the willingness of an individual to participate in such activity notwithstanding. Hazing may occur on or off the premises of the organization and/or educational institution. Hazing is most often seen as an initiation rite into a student organization or group, but may occur in other situations.

Hazing activities include but are not limited to:

Any physical activity, such as whipping, beating, branding, forced calisthenics, exposure to the elements, forced consumption of food, liquor, drugs or other substance or any other brutal treatment or other forced physical activity that is likely to adversely affect the physical health of the person;

Any situation which subjects the individual to extreme stress, such as sleep deprivation, forced exclusion from social contact, required participation in public stunts, or forced conduct which produces pain, physical discomfort, or adversely affects the mental health or dignity of an individual; and

Any expectations or commands that force individuals to engage in an illegal act and/or willful destruction or removal of public or private property.

A reasonable person standard shall apply, and the discipline shall be proportionate to the infraction. All disciplinary actions or sanctions shall be congruent with Chapter 6 of the NSHE Code and Student Code of Conduct. Both individuals and organizations committing an offense under this anti-hazing policy may be found in violation and be subject to appropriate disciplinary sanctions.

An allegation of hazing, reporting of a suspicion that hazing may have occurred, or a request for an investigation of hazing may be initiated by anyone. Violations shall be reported to the Office of the President.

All investigations of hazing and procedures for adjudication shall follow the Student Code of Conduct.

Standards of Conduct for the Use of Computers in NSC-Related Activities

It is the policy of Nevada State College that the improper conduct regarding computers as set forth in this section is incompatible with the goals of honesty and academic freedom and is strictly prohibited. Improper conduct regarding computer use at the college falls into three categories: (1) academic dishonesty; (2) disruption and destruction of computer facilities; and (3) violation of licenses and copyright agreements, college policy, and state or federal laws.

Academic Dishonesty Pertaining to the Use of Computers. Examples of this type of behavior regarding computers include, but are not limited to:

Submitting another person's programs, documentation or program results as your own work;

Obtaining or attempting to obtain unauthorized access to information stored in electronic form;

Submitting false results of a program's output for a class assignment or falsifying the results of program execution for the purpose of improving a grade.

Disruption or Destruction of Computer Facilities: Examples of this type of behavior include, but are not limited to:

Gaining or attempting to gain access to accounts without proper authorization;

Putting viruses or worms into a system

Violation of Licenses and Copyright Agreements: Most software used on college computers is covered by copyright, license or nondisclosure agreements. Violation of these agreements puts the college and the individual in jeopardy of civil penalties. Examples of such violations include, but are not limited to:

Making copies of copyrighted or licensed software without proper authorization;

Using software in violation of copyright, license or non-disclosure agreements;

Using college computers for unauthorized private or commercial purposes;

Use of computers or the internet in a manner that is against local, state or federal laws.